Investigation of MSHSAA After Whistleblower Claims Race and Sex Discrimination

According to the Missouri Attorney General Catherine Hanaway, she announced that her Office will be initiating an investigation into the Missouri State High School Activities Association (MSHSAA) following troubling disclosures by Missouri Auditor Scott Fitzpatrick. 
Auditor Fitzpatrick formally notified the Attorney General in a detailed letter, outlining an alleged Missouri State High School Activities Association policy that bars certain individuals from serving on the board solely because of their race or sex. 
"Missouri does not tolerate race-based or sex-based discrimination, period," said Attorney General Hanaway. "No organization that governs our public schools and our children's activities can operate under an immoral system that tells someone they are the wrong race or the wrong sex for leadership. My Office will be moving forward with an investigation, and we will ensure Missouri students are served by leaders chosen for merit, not the color of their skin." 
According to Auditor Fitzpatrick, a review conducted by his office uncovered that a whistleblower, who is both white and male, was informed he was not eligible for an at-large board position specifically because of his race and gender. In written correspondence, MSHSAA cited Article IV, Section 2.b.2 of its constitution, which requires at-large seats to be filled by a candidate representing "the under-represented gender...or an under-represented ethnicity." The correspondence provided to the Attorney General shows MSHSAA acknowledged and defended this overtly racist practice. 
MSHSAA is a statewide nonprofit organization that governs interscholastic sports and activities for more than 700 Missouri junior and senior high schools, impacting over 200,000 students through eligibility rules, athletic standards, and regulatory authority. Because MSHSAA receives significant public funding and exercises statewide authority over public-school extracurricular programs, any rule that conditions board eligibility on race or sex raises serious constitutional concerns. 
"This discrimination is extremely troubling in any setting but is of even greater concern in this case because MSHSAA derives much of its funding from public sources and plays an important role in the extracurricular life of Missouri's children," said State Auditor Scott Fitzpatrick. "The fact is, the whistleblower was barred from applying for an at-large position because of their race and their gender. Missouri students deserve to have the most qualified, most committed individuals working on their behalf." 
The Auditor's letter, reproduced, includes the email MSHSAA sent to the whistleblower, the specific constitutional provision relied upon, and the subsequent written exchanges in which MSHSAA defends the policy. These materials form the basis for the Attorney General's forthcoming investigation. The letter can be seen at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://ago.mo.gov/wp-content/uploads/Lettter-to-AGO.pdf

Governor Mike Kehoe said sports and other activities play a critical role in developing leadership and teamwork among students.

“That’s why the organizations overseeing these programs must operate with transparency and accountability, always putting students first,” said Kehoe. “This is not happening now, and I look forward to legislation establishing a governing oversight board for MSHSAA.”

Kehoe said he wants lawmakers to approve a plan that would replace MSHSAA’s school‑elected board with one appointed by the governor.

Kehoe said the goal is to ensure good governance.

“And ensuring that decisions impacting Missouri students and funded by Missouri taxpayers are made openly, fairly, and responsibly unelected bureaucrats cannot act like kings,” said Kehoe.”

Missouri House Representative Speaker Pro-Tem, Chad Perkins of R-Bowling Green fully supports the proposed changes.

“They use the name of Missouri in their title, by God they ought to be answerable to the state of Missouri,” said Perkins. “But right now, they’re answerable to no one. They think they are the king of high school sports in the state of Missouri and they’re not.  MSHSAA doesn’t care about kids. It’s the most corrupt, despicable organization in the state of Missouri. And they need to be broken.”

State Senator Kurtis Gregory, a Republican from Marshall, told Missourinet that he’s already hearing concerns from back home from a few constituents, saying that government needs to stay completely out of MSHSAA.”

“I think that’s one that’s definitely going to receive a lot of scrutiny,” said Gregory. “I think you’re going to hear about a lot of frustrations and stories. Quite frankly, I look at the NCAA in the transfer portal right now with MSHSAA and some of the issues they’ve got going on like they could have adapted to some of the situations as opposed to letting them faster and get bigger. And then now you’re looking at government stepping in.” 

MSHSAA said it’s aware of the proposals and plans to stay involved in the discussions. In a statement, the association says it will continue to engage with the legislature to pursue outcomes that best serve schools, students and communities.